Land - Property Selling

Dear Client,
Section 6 of the Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother or father whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Act states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. As per Section 12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. Once the minor attains the age of majority, he or she will be considered the owner of the property. Given the proposition of relevant law, if a minor being major stake his claim for property in the Court, the natural or de facto guardian may face the severe consequences for transferring the minor's property without obtaining the Court's permission. Hence, it is recommended to consult with an experienced Advocate for tailored advice and steps to navigate the matter effectively.